Opinion FlashOctober 10, 2003Volume 9 — Number 185 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel TOMMY DICKERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Tommy Dickerson, Nashville, Tennessee, Pro se. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; James Michael Taylor, District Attorney General; Steven Blount, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: SMITH First Paragraph: Appellant, Tommy Dickerson, appeals from the trial court's summary dismissal of Appellant's second petition for post-conviction relief. After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dickersontommy.wpd KENA HODGES v. STATE OF TENNESSEE Court:TCCA Attorneys: Jeffrey S. Pulley, Nashville, Tennessee, for the appellant, Kena Hodges. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Bernard McEvoy, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Kena Hodges, appeals from the dismissal of her petition for post-conviction relief. After a review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hodgeskena.wpd STATE OF TENNESSEE v. KEVIN L. LAWRENCE Court:TCCA Attorneys: William D. Massey and C. Michael Robbins, Memphis, Tennessee (on appeal), and William D. Massey and Lorna McCluskey, Memphis, Tennessee (at trial), for the appellant, Kevin L. Lawrence. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; William L. Gibbons, District Attorney General; Jennifer Nichols and Phyllis Gardner, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Shelby County jury convicted the Defendant of first degree felony murder, and the trial court sentenced the Defendant to imprisonment for life with the possibility of parole. The Defendant now appeals, contending the following: (1) that the trial court erred when it denied his motion to suppress his statement to police; (2) that the trial court erred when it denied his motion for mistrial based upon a witness's non-responsive statement; (3) that the trial court erred in permitting the prosecution to assert matters not in evidence during closing arguments; and (4) that the trial court committed plain error by incorrectly instructing the jury with respect to the culpable mental state of "knowingly." Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lawren.wpd GLEN BERNARD MANN v. STATE OF TENNESSEE Court:TCCA Attorneys: Donald E. Dawson, Post-Conviction Defender, and Catherine Y. Brockenborough, Assistant Post- Conviction Defender, for the appellant, Glen Bernard Mann. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Gill E. Geldreich, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner, Glen Bernard Mann, appeals the trial court's denial of post-conviction relief. In 1994, the petitioner was sentenced to death by a jury for the premeditated first degree murder of Anne Lou Wilson, a sixty-two-year-old widow. He was also convicted and sentenced to twenty-five years for aggravated rape and six years for aggravated burglary of the same victim. The convictions and sentences were affirmed on direct appeal by both this Court and the Tennessee Supreme Court. The petitioner is seeking post-conviction relief for, inter alia, ineffective assistance of counsel at both the guilt and penalty phase of his trial. The post-conviction court, after a hearing, found the petitioner failed to carry his burden of proving by clear and convincing evidence that his trial counsel was ineffective. After review, we affirm the post-conviction court's denial of post- conviction relief. http://www.tba.org/tba_files/TCCA/manngb.wpd DEDRIC D. PHILLIPS v. STATE OF TENNESSEE Court:TCCA Attorneys: D. Michael Dunavant, Ripley, Tennessee, for the appellant, Dedric D. Phillips. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner, Dedric D. Phillips, appeals the Lauderdale County Circuit Court's denial of his post- conviction relief petition. The petitioner entered guilty pleas to possession with intent to deliver less than .5 grams of cocaine and simple assault, and the trial court imposed an effective sentence of ten years as a Range III persistent offender. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel; and (2) his guilty pleas were unknowingly and involuntarily entered. Upon review of the record and the applicable law, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/phillips.wpd Use of Fines Under Tenn. Code Ann. S 55-10-452 Date: September 29, 2003 Opinion Number: 03-128 http://www.tba.org/tba_files/AG/2003/op128.pdf Pledge of Allegiance in Public Schools: Constitutionality of Tenn. Code Ann. S 49-6-1001. Date: October 3, 2003 Opinion Number: 03-129 http://www.tba.org/tba_files/AG/2003/op129.pdf Charter school eligibility for students assigned to a new school without a value added assessment; effect of charter school rejection on optional school eligibility. Date: October 3, 2003 Opinion Number: 03-130 http://www.tba.org/tba_files/AG/2003/op130.pdf Rhea Medical Center Date: October 3, 2003 Opinion Number: 03-131 http://www.tba.org/tba_files/AG/2003/op131.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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